On April 27, 2017, plaintiff Warren Kindberg, a patio installer, was retrieving work supplies at Duralum Products when he became involved a physical altercation with another patio installer, Steven Rudnick. Kindberg claimed that after the incident, Rudnick fled the scene, so he notified the police. Rudnick was arrested, given a ticket and taken to criminal court after Kindberg charged him with felony assault and battery. The judge handling the criminal trial found that the incident was one of mutual combat, and Rudnick was given a plea deal for misdemeanor assault. Kindberg then filed a restraining order against Rudnick. Kindberg sued Rudnick; Rudnick’s corporation, S2 Construction Inc.; and the owner of the location at which the incident took place, Duralum Products Inc. Kindberg alleged that Rudnick’s actions constituted assault, battery and intentional infliction of emotional distress and that S2 Construction and Duralum Products were liable for Rudnick’s actions. S2 Construction became defunct, and Duralum Products was removed from the case. Thus, the matter continued against Rudnick only. Kindberg claimed that Rudnick attacked him without provocation. Rudnick claimed that Kindberg started the confrontation by body kicking him and that he only punched Kindberg three times. Rudnick’s counsel contended that Rudnick went home after the altercation because Duralum Products asked him to leave the premises. Counsel also contended that there was a bad relationship between Rudnick and Kindberg after Rudnick took Kindberg to the Labor Board for failing to pay Rudnick on projects that he did for Kindberg. Counsel further contended that after the Labor Board case was dismissed, Kindberg continued the bad history by using his truck to block Rudnick’s exit from places or by telling his workers to take a smoke break to slow down Rudnick’s exit during loading time. In addition, Rudnick’s counsel noted that a witness to the subject encounter testified that Kindberg started the subject fight on April 27, 2017., Kindberg sustained a bloody nose and a cut to his brow. He was taken by ambulance to a hospital, where he was treated and released. Kindberg also claimed that he suffered emotional distress as a result of the incident. He contended that he became scared of Rudnick and that the events caused him to smoke more and look over his shoulder in fear. Kindberg sought recovery of $100 in out-of-pocket expenses for his medical treatment and $2,677.52 for the cost of the ambulance. (The parties stipulated to not include experts in the case, after Kindberg did not designate any. As a result, Kindberg was only allowed to present three medical invoices.) Kindberg also sought recovery of damages for past and future pain and suffering. Defense counsel noted that despite Kindberg saying that he became scared of Rudnick, Kindberg posted negative social media reviews about Rudnick’s business after the incident.